Dale H. v. State, Department of Health & Social Services

235 P.3d 203, 2010 Alas. LEXIS 72, 2010 WL 2696996
CourtAlaska Supreme Court
DecidedJuly 9, 2010
DocketS-13632
StatusPublished
Cited by63 cases

This text of 235 P.3d 203 (Dale H. v. State, Department of Health & Social Services) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dale H. v. State, Department of Health & Social Services, 235 P.3d 203, 2010 Alas. LEXIS 72, 2010 WL 2696996 (Ala. 2010).

Opinion

OPINION

STOWERS, Justice.

I. INTRODUCTION

A father challenges a superior court order finding his son, an Indian child under the Indian Child Welfare Act (ICWA), to be a child in need of aid and terminating his parental rights. We conclude that the record contains sufficient evidence to support the superior court's findings that: (1) the son was a child in need of aid; (2) the father failed to remedy the conduct or conditions placing the son at harm; (8) the State made active efforts to reunite the family; (4) returning the son to the father would likely cause the son serious physical or emotional harm; and (5) termination of the father's parental rights was in the best interests of the son. We therefore affirm.

II. FACTS AND PROCEEDINGS

Dale is the father of Charlie 1 the child at issue in this case. Charlie was born on May 1, 2007, to Dale and Betty. Charlie is an Indian child within the meaning of ICWA. 2

*206 A. Dale's Incidents Of Domestic Violence Before Charlie's Birth

In 2005 Dale was charged with assault in the fourth degree against his then-girlfriend Lauren and pleaded no contest to disorderly conduct 3 The judgment stated that it arose out of a domestic violence offense under Alaska Statute 18.66.990(8) and (5). The judgment required Dale to complete a state-approved program for the rehabilitation of perpetrators of domestic violence. 4

In 2005 or 2006 Dale became involved with Betty. Betty had a son, Evan, from a previous relationship. Dale and Betty first came to the attention of the Office of Children's Services (OCS) when Evan suffered unexplained injuries while living with Dale and Betty. Evan suffered bruises, a broken foot, and a broken arm. OCS never determined how Evan was injured, although there was some suspicion that Dale had caused Evan's injuries.

In January 2007 Dale assaulted Betty, who was four months pregnant with Charlie.: Although Betty told the responding officer that Dale had choked her, Dale told OCS that he had merely pushed her. Dale was charged with assault in the fourth degree and pleaded no contest. He was ordered to complete a state-approved domestic violence intervention program.

In February 2007 OCS took custody of Evan and began working with Dale and Betty. OCS established a case plan for Dale that required him to attend a behavioral assessment with LEAP, Inc. and to follow the recommendations of the LEAP assessment. Dale participated in the LEAP assessment. It recommended that Dale complete a state-approved domestic violence intervention program and undergo a substance abuse evaluation.

OCS's expert witness Judy Ringstad testified that a state-approved domestic violence intervention program usually lasts at least thirty-six weeks. Dale attended the LEAP alternatives to violence program orientation and one class. Dale stopped attending the LEAP program in July 2007. He indicated that he was concerned about the cost of the program, which OCS does not cover.

B. July 2007; Charlie Is Placed In OCS Custody.

On July 12, 2007, two-month-old Charlie was thrown to the floor during an argument between Dale and Betty. Dale took Charlie and left the house, but did not seek medical attention for Charlie. He eventually dropped Charlie off with a babysitter; the babysitter notified OCS and took Charlie to the emergency room. Charlie was examined at the hospital and found to be uninjured.

As a result of this incident, OCS filed an Emergency Petition for Adjudication of Child in Need of Aid and for Temporary Custody. On July 17, 2007, the superior court found that there was probable cause to believe that Charlie was a child in need of aid and granted OCS temporary custody.

In November 2007 the parties entered into a stipulation under which the superior court adjudicated that Charlie was a child in need of aid. As part of the stipulation, Dale agreed to a case plan to work towards reu *207 nification of the family. Dale's case plan required him to: (1) complete the LEAP alternatives to violence course; (2) complete parenting classes on newborn and toddler care; (8) complete a substance abuse evaluation; and (4) submit to random urinalysis (UA) testing as a means to show sobriety. The case plan also stated that the requirements were subject to modifications and additions.

C. -July 2007-May 2008: Dale's Efforts Toward Reunification While Living In Fairbanks

1. Dale's visitation with Charlie after he is placed in OCS custody

After the July 12 incident, Dale left Betty and began to question his paternity of Charlie. OCS ordered a paternity test and counseled Dale to visit Charlie while the results of the test were pending. Dale told OCS that he was "just going to wait and wait for the results." The paternity test was completed on September 26, 2007, and the superior court established Dale's paternity on October 11, 2007.

Dale did not visit Charlie in the three months between July 17, 2007 and October 11, 2007.

OCS contacted Dale onee his paternity was established to inquire whether he wanted to visit Charlie. OCS offered three visits a week, but Dale said he could only visit twice a week. In fact, he visited Charlie just onee a week in the approximately three months between October 11 and Christmas. Dale testified that he did not increase his visits because of his work schedule and his desire not to inform his employer of his situation with OCS.

Dale's visits with Charlie dropped below the once-a-week level in the five months between January 2008 and May 2008. Dale testified that he visited infrequently because of scheduling conflicts with Betty's visits with Charlie and his belief that he could obtain custody of Charlie after OCS returned Charlie to Betty.

2. Dale's participation in his case plan

Dale completed the substance abuse evaluation and also completed a recommended twelve-hour aleohol program. He had already completed one parenting class as part of his case plan with Evan but did not take additional OCS-recommended parenting classes.

Dale participated in UA testing in December 2007 and January 2008, but stopped participating after a clean test in January 2008. Although OCS reminded Dale that he had to continue participating in UA testing even after his one clean test, Dale stated that he did not have a problem with alcohol and did not need to do further UA testing.

Although he had started and then stopped attending the LEAP alternatives to violence program as part of his case plan for Evan, Dale did not complete the LEAP program while he was in Fairbanks. He began attending another state-approved program run by ABC, Inc. in September 2007, but stopped going after four or five classes.

D. May 2008-November 2009; Dale Moves To Anchorage And Does Not Contact OCS With His Whereabouts.

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Cite This Page — Counsel Stack

Bluebook (online)
235 P.3d 203, 2010 Alas. LEXIS 72, 2010 WL 2696996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dale-h-v-state-department-of-health-social-services-alaska-2010.